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Medial Law


This exists so that the rights of an individual or group cannot be encroached upon by another individual or group Medical Law
What is the result of Schloendorf vs Society of New York hospital? every human adult yrs and sound mind has the right to determine what shall be done with his own body. If operation done without consent, is considered assault.
6 functions the doctrin serves: protects indv autonomy protects pts status as a human aviods fraud and duress encouraces health care practioniers to consider their decisions carefully fosters rational decision making by pt involves the public medicine
- degree of skill, nowledge, and care, ordinarily possessed and employed by members in good standing within the profession. standard of care
- a private or civil wrong or injury for which the ourt provides a remedy in the form of an action for damages tort
- filed to recover damages for personal injury or property damage occurring from negligent conduct or intentional misconduct tort action
- wrongs resulting from acts done with the intention of causing harm to another intentional torts
- deliberate act wherein one personm threatens to harm another person without consent and the victim perceives that the other has the ability to carry out the threat assault
- touching to which the victium has not consented even if the touching may benefit the patient battery
- unlawful confinement of a person within a fixed area false imprisonment
- information concerning a patient is shared with individuals that do not need to know defamation
- spoken word slander
- written or published comments or pictures libel
- willful and intentional misrepresentation of facts that may cause harm to an individuals or result in loss of an individuals right or property fraud
- actions that are not intended to cause harm unintentional torts
- a failure to use such care as a resonably prudent person would use under like or similar circumstances negligence
the act speaks for itself. if the cause of negligence is obivous, no expert testimony may be needed res ipsa loquitur
- the employer will be held liable for an employees negligent act respondeat superior
- requires the hospital or health care entity to be responsible for the quality of care delivered to consumers corporate liability
Created by: erikasmith28